It’s true… You do not need to work with a Workers’ Compensation attorney to file your Workers’ Compensation case. But, you really should!
Why? The Workers’ Compensation system is incredibly complicated. It is always changing and there are many different gray areas, which only an experienced lawyer will know how to navigate. An expert attorney has been there and done that! They have seen it all and they can (and will) use their experience to get the best results for you.
Here are seven things an experienced Workers’ Compensation attorney can do that you can’t:
1. Advise You On Whether You Have A Case
If you are hurt on the job, Workers’ Compensation is supposed to relieve stress by helping to cover your medical costs, lost wages and related expenses. However, some injuries are not covered by Workers’ Compensation, and the lines can get blurry when you are doing your job, but not technically on company property.
Employers and insurance companies can also try to fight your case. They could try to argue that you were hurt from a pre-existing condition or because of your own actions off the clock. A good lawyer will be able to tell you straight up if you have a case. They will let you know your odds of winning the case and will be prepared to fight against whatever your boss and the insurance company might throw at you.
2. Guarantee Your Claim Is Filed Properly
Paperwork. Deadlines. Details. The Workers’ Compensation claim process is not easy. Unfortunately, claims have been lost because people haven’t had their paperwork in order.
By working with a Worker’s Compensation attorney, they already know the New York Worker’s Compensation system inside out, and will make sure all of your necessary paperwork is filed correctly and on time! Taking care of the technical parts of the claim process is time-consuming and stressful. This is something you should not have to worry about while you are recuperating.
3. Take Care Of Appeals
In a perfect world, no honest claim would ever be rejected. In reality, there are many reasons why your Workers’ Compensation claim can be denied? But you should know you DO NOT have to take no for an answer.
Insurance companies will either try to pay you less than you are entitled to or get your valid claim rejected. If your claim is rejected, you should contact a Workers’ Compensation lawyer right away. They will advise you on your case and let you know if you should appeal this decision. If your case does go to an appeal, they will be there fighting for your rights every step of the way. They will also make sure you get the benefits you are entitled to.
4. Let You Know What Benefits You Are Entitled To
Workers’ Compensation exists to help cover the medical expenses and lost wages of people (like you) who are injured while they are carrying out their job duties.
Workers’ Compensation can also cover some things you might not expect, like mileage to and from your doctor appointments and certain vocational training. You may also be entitled to have your injury insured and with Workers’ Compensation.
A lawyer can advise you on exactly what Workers’ Compensation benefits you are entitled. They will also be able to let you know if you are eligible for separate disability benefits, especially if you have to change your job or stop working permanently because of your injuries.
5. Let You Know If You Are Entitled To Any Additional Claims
Depending on the circumstances surrounding your accident, and outside of the Workers’ Compensation system, you may also have a case for a personal injury lawsuit. This usually means a third party, not your direct employer, played a part in your accident.
For example, if you are a delivery guy and you were hurt at work while making deliveries on another businesses premises, you might be entitled to Workers’ Compensation benefits. You may also have a third-party lawsuit if you were hurt because of some fault of the business whose grounds you were on. For example, if you slipped on a wet floor in their building.
6. Know When You Are Being Pushed Aside
Like we said, the insurance company or your boss might try to dispute your claim. There are countless ways people can try to delay the claim process or get your claim dismissed entirely. A Workers’ Compensation attorney will know all of these tactics and can help you fight them.
In some circumstances, many honest employees can get unfair, and completely illegal, pressure from their bosses to back away from filing a claim. This can be in the form of bullying, harassment at work or changing your job and cutting your hours as a punishment. This is NOT right. If your boss is trying to do any of these things to you, call a lawyer right away.
You should also know that in New York state, regardless of immigration your status, the majority of workers are eligible for Workers’ Compensation benefits. This includes undocumented workers.
7. Take Advantage Of Experience
The Workers’ Compensation claims process can be confusing, frustrating and even scary if you are dealing with the system for the first time. Why not give your case the best chance of being successful and take advantage of the vast experience a Workers’ Compensation attorney can offer.
A good Workers’ Compensation lawyer is an expert in this area and they have seen it all. They can use there experience to make sure your case gets the best possible outcome.
Disclaimer: For informational purposes only. This is not a substitute for legal advice. If you need legal advice please contact us.